NATHEY KHAN Versus MUHAMMAD USMAN

ORDER

This civil revision has arisen out of a suit brought by the respondent, Muhammad Usman, against the petitioner, Nathey Khan, for specific performance of an agreement to sell certain land. The suit was decided by a Civil Judge on the basis of special oath made by the respondent in pursuance of an offer of the petitioner. The petitioner was, however, not satisfied with the judgment and decree thus passed by the learned Civil Judge. He, therefore, filed appeal before an Additional District Judge which was dismissed. Hence this civil revision.

2. It was contended by learned counsel for the petitioner that the prescribed oath was not in fact, made by the respondent. It is true that the learned Civil Judge did not record formal statements of the parties to the effect that the respondent had actually made the proposed oath but it was specifically stated by him in his judgment that the said oath had been administered to him. I am therefore convinced that the oath in question was, in fact, administered to the respondent. Whether or not the oath made by the respondent reflected the true state of affairs, the respondent did take a daring, if not disastrous, step in response to the offer of the petitioner and it will not be fair to deny to him the fruits thereof. There is no equity on the side of the petitioner. There are several pronouncements of the superior Courts to the effect that technicalities should not be allowed to come in the way of justice. The petitioner cannot, therefore, be permitted to avoid legal consequence of the oath proceedings on the technical ground that formal statements in regard to actual making of special oath were not recorded.

3. In this view of the matter, no interference by this Court is called for. The civil revision is, therefore, dismissed in limine. Revision dismissed.

M.B.A./N‑88/L Revision dismissed.